State v. Deason

Hunt, Justice.

This case presents a constitutional challenge, under the equal protection clauses of the state and federal constitutions, to OCGA § 45-11-4, which affords certain enumerated officials the privilege of appearing before the grand jury prior to indictment.

Deason, then the tax commissioner of Cook County, was indicted for the felony of theft by taking. Her request that she be afforded the privilege of appearing before the grand jury considering the indictment was denied because she was not one of the officials enumerated in OCGA § 45-11-4. Subsequently, the trial court held OCGA §…